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1. The Defendant’s KRW 90,000,000 as well as the Plaintiff’s annual interest from August 11, 2018 to May 31, 2019, and the following.
Reasons
1. Facts of recognition;
A. From September 19, 2014, the Defendant: (a) operated a E resting restaurant (hereinafter “instant burial”); (b) concluded with the Plaintiff on June 15, 2016, the instant contract on the premium (hereinafter “instant contract”) with the Plaintiff on the instant store business facilities, fixtures, credit, business know-how, and business interest, etc. according to the location within the Dart; (c) received KRW 1,00,000,000 as the down payment on the day of the contract from the Plaintiff on June 21, 2016, and KRW 89,000,000,000 as the remainder payment on June 21, 2016.
B. The main contents of the instant contract are as follows.
Article 3 (Relation to Lease Contract) Where a lease contract is not concluded due to reasons not attributable to a lessee and a new lessee, such as refusal of a lessor's contract, unreasonable alteration of terms and conditions of lease, damage to the object, etc., this contract shall be null and void, and the lessee shall immediately return the down payment, etc.
Article 4 (Cancellation of Contracts and Compensation for Damages) (3) Where a new lessee fails to commence his/her business or his/her business is unable to continue his/her business due to the suspension of business and cancellation thereof due to any cause which occurred during the period of business of the lessee after the conclusion of this contract, the removal order for leased objects, etc., the new lessee may cancel the contract
Even if a contract is cancelled, damages may be claimed.
Matters of special agreement
3. Where a serious defect or transferee fails to claim business rights to normal E in the course of transfer, the down payment and the balance shall be refunded without any condition.
C. The store in this case is a so-called "fee store" that business rights are guaranteed in such a way as to renew the contract period by using a mobile stand and paying a certain portion of the sales revenue as a fee for the nature of a rent. The store in this case remains after deducting 26% of the fee from Dmate and 5% of the fee from F, which is a store management broker.